Bill Text: FL S1590 | 2014 | Regular Session | Introduced

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Bill Title: Education of Children with Disabilities

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-05-02 - Died in Education [S1590 Detail]

Download: Florida-2014-S1590-Introduced.html

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       Florida Senate - 2014                                    SB 1590
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-01510-14                                           20141590__
    1                        A bill to be entitled                      
    2         An act relating to the education of children with
    3         disabilities; providing a short title; providing a
    4         Bill of Rights for Children with Disabilities and
    5         their Parents or Guardians; providing guarantees
    6         relating to free appropriate public education, a
    7         least-restrictive educational environment, an
    8         individual education plan, procedural due process,
    9         nondiscriminatory assessment, parental participation,
   10         and data sharing; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Education of children with disabilities.—This
   15  section may be cited as the “Bill of Rights for Children with
   16  Disabilities and their Parents or Guardians.” Each child with a
   17  disability and his or her parent or guardian has the following
   18  rights:
   19         (1) FREE APPROPRIATE PUBLIC EDUCATION.—Each child,
   20  regardless of the severity of the disability, shall be provided
   21  an education appropriate to his or her unique needs at no cost
   22  to the parent or guardian, including related services as
   23  determined educationally necessary for a child to benefit from
   24  exceptional student education. Related services include, but are
   25  not limited to, occupational therapy, physical therapy,
   26  orientation and mobility instruction, and other support services
   27  for a student with a disability.
   28         (2) LEAST-RESTRICTIVE ENVIRONMENT.—Each child with a
   29  disability shall be educated, to the maximum extent appropriate,
   30  with students without disabilities. Placement shall be
   31  consistent with the student’s educational needs, selected from
   32  the state’s full continuum of alternate placements.
   33         (3) INDIVIDUAL EDUCATION PLAN.—Each child with a disability
   34  shall have an individual education plan (IEP), developed with
   35  the assistance of the parent or guardian, that addresses the
   36  following:
   37         (a) Present level of the student’s academic functioning.
   38         (b) Annual goals and accompanying instructional objectives.
   39         (c) Educational services to be provided.
   40         (d) Degree to which the student will be able to participate
   41  in general education programs.
   42         (e) Plans for initiating services and the length of service
   43  delivery.
   44         (f) Annual evaluation procedure that specifies objective
   45  criteria to determine if instructional objectives are being met.
   46         (4) PROCEDURAL DUE PROCESS.—The parent or guardian shall be
   47  afforded several safeguards pertaining to his or her child’s
   48  education, including the confidentiality of records. The parent
   49  or guardian also has the right to:
   50         (a) Examine all of the records of his or her child.
   51         (b) Obtain an independent evaluation of his or her child.
   52         (c) Receive written notification, in his or her native
   53  language, of proposed changes to his or her child’s educational
   54  classification or placement.
   55         (d) Receive an impartial hearing whenever disagreements
   56  arise regarding educational plans for his or her child.
   57         (e) Be represented by legal counsel.
   58         (5) NONDISCRIMINATORY ASSESSMENT.—Before placement, a child
   59  shall be evaluated by a multidisciplinary team in all areas of
   60  suspected disability by assessments that are not racially,
   61  culturally, or linguistically biased. Students shall be given
   62  several types of assessments administered by trained personnel.
   63  A single evaluation procedure is not permitted for planning or
   64  placement purposes.
   65         (6) PARENTAL PARTICIPATION.—Based on the Education for All
   66  Handicapped Children Act, Pub. L. No. 94-142, which mandates
   67  meaningful parent involvement, a parent or guardian shall
   68  participate fully in the decisionmaking process that affects his
   69  or her child’s education.
   70         (7) DATA SHARING.—A shared database that contains
   71  information about a student with a disability shall be accessed
   72  by the prekindergarten through grade 12 public school system and
   73  the public postsecondary education system.
   74         Section 2. This act shall take effect July 1, 2014.